ELVIN H.O.M.E., Inc. Bylaws
ACCEPTED AND DATED: SEPTEMBER 11, 2005
ARTICLE I: OFFICES
Section 1. Name
The name of this organization is: ELVIN H.O.M.E. Incorporated.
Section 2. Principal Office
The principal office of the corporation is located in Lawrence County, State of Indiana.
Section 3. Legal address
The address of this organization is: ELVIN H.O.M.E., Inc. 559 McFadden Ridge Road, Bedford, IN 47421
ARTICLE II: NonProfit Purposes
Section 1. IRC Section 501(c) (3) Purposes
The goals and purposes of this organization are the maintenance and care of Nature Sanctuaries for the furtherance of Ecumenical worship by all religions with reverence and respect for one another’s beliefs and doctrines within the world of nature that surrounds all.
This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 2. Specific Objectives and Purposes
The specific objectives and purposes of this corporation shall be to maintain and operate an Ecumenical sanctuary(s) and meeting ground(s) for ELVIN H.O.M.E., sponsors and guests. To gather, (within a living library), publish, (e.g. The Greenbook), and disseminate public information, including but not limited to, universal religions and their practices, beliefs and doctrines, as it pertains to the fulfillment of our Creed. (Article II - Section 3). Dissemination of information to include but not limited to, information, obtained, gathered, and/or put into actual practice, on living in tune with Nature and its cycles, including methods of wild and organic gardening, natural foods and herbals, and alternative, educational, experimental and ecological endeavors within the above mentioned structure. Sponsors and guests are encouraged to conduct rituals, research and experimentation that would nurture and further their own (and others) spiritual communion within the auspices of our Creed. (Article II - Section 3), and in accordance to these By-Laws.
Section 3. Our Creed
The Universe Personified, (who is all that ever was, and all that is, and all that ever will be) is called by many and varied names - yet those names are only symbols of The Universe Personified. Accordingly, we, (some of the beings within the Universe Personified) do affirm that we worship The Universe Personified by the customs of those names, each according to our own individual spiritual beliefs.
We furthermore honor The Universe Personified by personally; preserving humanity’s links with the natural environment to the best of our abilities, learning all that we are able to, (as the spirits guide us) about that which is also present within the universe, and by honoring (respecting the value of) all other beings within The Universe Personified. This includes but is not limited to: those we already know, those we can only sometimes perceive, and those we have not yet met.
Section 4. Basic and Primary Rules
a. No violation of the land or its inhabitants through needless: violence, killing, or pollution (chemical, mechanical, biological, or otherwise).
b. We advocate the tolerance and diversity of ALL Faiths, Beliefs and Doctrines.
c. No violence towards or stealing of corporate or private property and in all ways respecting the owner’s stated wishes.
d. No private ownership of ELVIN H.O.M.E lands
e. Children born to ELVIN H.O.M.E. sponsors are subject to the same rules as ELVIN H.O.M.E sponsors and must become ELVIN H.O.M.E. sponsors to utilize ELVIN H.O.M.E facilities and services (no contribution is needed for children 12 years or under).
f. ELVIN H.O.M.E. land use policies may be set and administered by the Governing Council as a whole as long as the rules herein are not violated.
Section 5. Additional Means of Income as Allowed under Section 501(c) (3) of the IRC
ELVIN H.O.M.E. seeks to provide its sponsors and guests with the following opportunities, for a nominal fee (facility use fee) set by the Governing Council, in which to practice their spiritual beliefs as set forth in Article II, Sections 1,2,& 3.
a. Festivals, gatherings, seasonal rituals, concerts, theatrical presentations, arts & crafts shows, workshops, seminars, etc.
b. Sponsorship camping and/or other facility use fees
c. Rental of ELVIN H.O.M.E. lands and/or facilities to other groups including but not limited to: magickal, scientific, artistic, religious, educational, and/or historical groups for “special events” which are in harmony with the goals and purposes of ELVIN H.O.M.E., as long as they do not interfere with the policies and bylaws of ELVIN H.O.M.E. and its sponsors.
ARTICLE III: Directors and Officers
Section 1. Number
a. The corporation shall have a minimum of 3 directors, henceforth known as ELDAR STEWARDS, with valid commitments.
The corporation shall have a minimum of 3 officers, henceforth known as
STEWARDS, with valid commitments.
Collectively they, the ELDAR STEWARDS and STEWARDS shall be
known as The Governing Council.
Section 2. Qualifications
ELDAR STEWARDS shall be of the age of maturity in the State of Indiana. Only committed persons that are ELDAR STEWARDS and have met the following criteria, have a consensus vote on the following items. Other qualifications for ELDAR STEWARDS elected to The Governing Council of this corporation shall be as follows:
Members of ELVIN H.O.M.E. Inc. who have spent at least one year as a STEWARD and have fulfilled the following (Time period may be waived by the ELDAR STEWARDS):
I. Submit a written statement (commitment) to The Governing Council outlining the petitioner’s Elvin Persona and/or a statement of spiritual intent, and Elvin Name, their skills and talents which may be applied to ELVIN H.O.M.E. Inc.’s benefit and working, this to include their area of specific knowledge as it pertains to Section 501(c)(3) of the Internal Revenue Code, their means of personal livelihood (how they will provide for themselves with food, shelter and/or cash flow), and exactly what they will do for ELVIN H.O.M.E. Have the above mentioned petition accepted by the consensus vote of the ELDAR STEWARDS.
II. Have signed a commitment with ELVIN H.O.M.E., to fulfill the above—also stating that their sponsorship as an ELDAR STEWARD is null and void if the commitment is violated.
III. ELDAR STEWARD sponsorship to be reviewed on a yearly basis.
Sponsors of ELVIN H.O.M.E. who have an interest in helping ELVIN H.O.M.E., Inc. to achieve its goals and purposes as outlined in the By-Laws may submit a STEWARD Commitment that includes the specific on going job and or task that will be of benefit to ELVIN H.O.M.E. and its members. This commitment to be submitted at a scheduled Governing Council Meeting and to be reviewed at six (6) month intervals thereafter unless cancelled.
Section 3. Powers
Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these By-Laws relating to action required or permitted to be taken or approved by the members, if any, of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of The Governing Council.
Section 4. Duties
It shall be the duty of the members of The Governing Council to:
Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or these By-Laws;
I. It shall be the Duty of the Secretary to insure that the minutes of the meetings are made available no later than 15 days after each Regular or Special Meeting of The Governing Council that were taken during said meeting.
II. It shall also be the duty of the Secretary of the Corporation to insure, certify and keep at the principal office of the corporation the original, or a copy, of these By-Laws as amended or otherwise altered to date.
It shall be the duty of the Secretary of the Corporation to insure and make available upon request, for public inspection, any and all information deemed by the Governing Council as such.
It shall be the duty of the Treasurer of the Corporation to insure and
have direct charge and custody of, and responsibility for, all funds
and securities of the corporation, and deposit all such funds in
the name of the corporation in such banks, that shall be selected by
The Governing Council.
It shall be the duty of the Treasurer of the Corporation to insure the receipt of and distribute monies due and payable to the corporation from any source whatsoever.
It shall be the duty of the Treasurer to insure, keep and maintain adequate and correct accounts of the corporation’s properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses.
It is the duty of the Treasurer to insure and make available to the Secretary any financial information deemed available for public inspection on a timely basis.
It is the duty of the Treasurer to insure, and in general to perform all duties incident to the office of Treasurer and other such duties as may be required by law, by the Articles of Incorporation of the corporation or by these By-Laws.
Appoint and remove, employ and discharge, and, except as otherwise provided in these By-Laws, prescribe the duties and fix the compensation, if any, of all officers, agents, and employees of this corporation, this to include but not limited to any sub-contracted labor;
Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly, this to also include but not limited to any sub-contracted labor;
Meet at such times and places as required by these By-Laws;
Register their addresses, both postal and electronic if applicable, with the contracted Secretary of the corporation, and notices of meetings mailed, whether postal or electronic, to them at such addresses shall be valid notices thereof.
Section 5: Term of Office
The Governing Council shall elect a figurehead “director/president”, “secretary”, and “treasurer”, from The Governing Council, to meet legal requirements for incorporation status—these figurehead positions shall endure for one year unless the position is vacated for any reason, in which case the Governing Council must elect a new figurehead—figureheads (also known as The Corporate Officers) must sign all legal documents appropriate to their position as soon as they are presented by The Governing Council—figureheads have no special voting privileges—Members of The Governing Council other than the figureheads must do the work of that position, but the figureheads are the legally recognized “responsibles” or Corporate Officers—the figurehead and the Member (who actually commits to do the labor of the position) may not be the same person.
Section 6. Compensation
Members of The Governing Council shall serve without compensation.
Additionally, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties as outlined in their commitment.
Members of The Governing Council may sub-contract their labors to ELVIN H.O.M.E. for cash payment for services rendered, as long as the work performed is not that which is stated in their ELDAR STEWARD commitment subject to the approval of The Governing Council.
Section 7: Place of Meetings
Meetings shall be held at the principal office of the corporation unless otherwise provided by The Governing Council or at such other place as may be designated from time to time by resolution of The Governing Council.
Section 8: Regular Meetings
Regular meetings of The Governing Council shall be held on the Second Sunday of each month at 1:00pm (EST), unless otherwise posted by The Governing Council. Regular meetings are open to All ELVIN H.O.M.E. Inc., sponsors and their guests, but only members of The Governing Council have a vote. The Governing Council must meet in Council at least four times a year. The Governing Council must hold two Grand Councils each year in which the whole of the sponsorship is encouraged to attend and participate.
Section 9. Special Meetings
Special meetings of The Governing Council may be called by any two members of the Governing Council. Such meetings shall be held at the principal office of the corporation or, if different, at the place designated by the persons calling the special meeting.
Section 10. Notice of Meetings
Unless otherwise provided by the Articles of Incorporation, these By-Laws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Governing Council:
Regular Meetings. No special notice need be given of any regular meeting of the Governing Council.
Special Meetings. At least one week prior notice shall be given by the contracted Secretary of the corporation to each member of The Governing Council of each special meeting of The Governing Council. Such notice may be oral or written, transmitted via telephone, first class mail, in person, or through electronic mail. This notice must include the purpose of the Special meeting, the place, date and time of the meeting.
Waiver of Notice. Whenever any notice of a meeting is required to be given to any member of The Governing Council of this corporation under provisions of the Articles of Incorporation, these By-Laws or the law of this state, a waiver of notice in writing signed by the member of the Governing Council, whether before or after the time of the meeting, shall be equivalent to the giving of such notice.
Section 11. Quorum for Meetings
A Quorum shall consist of no less than 2/3 of the voting members of The Governing Council.
Except as otherwise provided under the Articles of Incorporation, these By-Laws or provisions of law, no business shall be considered by the board at any meeting at which the required quorum is not present, and the only motion that the Chair shall entertain at such a meeting is a motion to adjourn.
Section 12. Majority Action as Board Action
Every act or decision done or made by the majority of the voting members of the Governing Council present at a meeting duly held at which a quorum is present is the act of The Governing Council, unless the Articles of Incorporation, these By-Laws or provisions of law require a greater percentage or different voting rules for approval of a matter by the board.
Section 13. Conduct of Meetings
Meetings of The Governing Council shall be presided over by the designated Chair (facilitator/moderator). The committed Secretary of the corporation shall act as secretary of all meetings of The Governing Council, provided that, in his or her absence, the Chair shall appoint another person to act as Secretary of the Meeting.
Meetings shall be governed by Roberts Rules of Order, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these By-Laws, or with provisions of law.
Section 14. Vacancies
Vacancies on The Governing Council can and will exist from time to time. At the time of the vacancy, nominations and a new vote will be taken to maintain a quorum of voting members. A person elected to fill a vacancy on the board shall hold office until the next election of The Governing Council or until his or her death, resignation, or removal from the office. Resignation can occur at any time by providing The Governing Council with written notice thereof.
Members of The Governing Council may be removed from office, with cause, as permitted by and in accordance with the laws of this state, and/or also in accordance to Article III, Section 2 contained within these By-Laws.
Section 15. Nonliability of Directors
The members of The Governing Council shall not be personally liable for the debts, liabilities or other obligations of this corporation.
Section 16. Indemnification by Corporation of Directors and Officers
The Directors and Officers of the corporation shall be indemnified by the corporation to the fullest extent permissible under the laws of this state.
Article IV: Execution of Instruments, Deposits and Funds
Section 1. Execution of Instruments
The Governing Council, except as otherwise provided in these By-Laws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.
Section 2. Checks and Notes
Except as otherwise specifically determined by resolution of the Governing Council, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the committed Treasurer. Use of ELVIN H.O.M.E. funds is governed by The Governing Council.
Section 3. Deposits
All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks as the Governing Council may select.
Section 4. Gifts
The members of the Governing Council may accept on behalf of the corporation any contribution, gift, bequest or devise for the non-profit purposes of this corporation and provide appropriate documentation of any such transaction to the committed Treasurer(s).
Article V: Corporate Records, Reports and Seal
Section 1. Maintenance of Corporate Records
The corporation shall keep at its principal office:
a. Minutes of all meetings of directors, committees of the board and, if this corporation has members, of all meetings of members, indicating the time and place of holding such meetings, whether regular or special, how called, the notice given and the names of those present and the proceedings thereof;
b. Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses;
c. A record of its sponsors, if any, indicating their names and addresses and, if applicable, the level of sponsorship held by each sponsor and the termination date of any sponsorship;
d. A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the sponsors, if any, of the corporation at all reasonable times during office hours.
Section 2. Corporate Seal
The Members of the Governing Council may adopt, use and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.
Section 3. Directors' Inspection Rights
Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation and shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law.
Section 4. Members' Inspection Rights
If this corporation has any members (sponsors), then each and every member (sponsor) shall have the following inspection rights, for a purpose reasonably related to such person's interest as a member (sponsor):
a. To inspect and copy the record of all Corporate Officers names, addresses and voting rights, at reasonable times, upon written demand on the committed Secretary of the corporation, which demand shall state the purpose for which the inspection rights are requested.
b. To obtain from the committed Secretary of the corporation, upon written demand on, and payment of a reasonable charge to, the committed Secretary of the corporation, a list of the names, addresses and voting rights of those members entitled to vote for the election of directors as of the most recent record date for which the list has been compiled or as of the date specified by the member subsequent to the date of demand. The demand shall state the purpose for which the list is requested. The Corporate Officer list shall be made available within a reasonable time after the demand is received by the committed Secretary of the corporation or after the date specified therein as of which the list is to be compiled.
c. To inspect at any reasonable time the published financial reports, records or minutes of proceedings of the members or of the board or committees of the board, unless there is a conflict with individual privacy information, upon written demand on the committed Secretary of the corporation by the sponsor, for a purpose reasonably related to such person's interests as a sponsor.
Members (sponsors) shall have such other rights to inspect the published financial reports, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law.
Section 5. Right to Copy and Make Extracts
Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts.
Section 6. Periodic Report
The board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the sponsors, if any, of this corporation, to be so prepared and delivered within the time limits set by law.
Article VI: IRC 501(c) (3) Tax Exemption Provisions
Section 1. Limitations on Activities
No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office.
Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.
Section 2. Prohibition Against Private Inurement
No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its members (sponsors), directors or trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation.
Section 3. Distribution of Assets
Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state.
Article VII: Amendment of By-Laws
Subject to the power of the members (sponsors), if any, of this corporation to adopt, amend or repeal the Bylaws of this corporation and except as may otherwise be specified under provisions of law, these Bylaws, or any of them, may be altered, amended or repealed and new Bylaws adopted by consensus of approval of the ELDAR STEWARDS.
Article VIII: Construction and Terms
If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern.
Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding.
All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter or other founding document of this corporation filed with an office of this state and used to establish the legal existence of this corporation.
All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code.
The By-Laws found herein shall be interpreted by a consensus of the ELDAR STEWARDS.
All policies of ELVIN H.O.M.E. Inc. shall be set by a majority vote of the Governing Council.
The Governing Council is responsible for the realization and actualization of the bylaws and all which is stated herein.
Membership (Sponsorship) Provisions
of the Bylaws of
ELVIN H.O.M.E., Inc.
Article IX
Members (Sponsors)
Section 1. Membership – Levels, Rights, and Qualifications
As ELVIN H.O.M.E. will not discriminate against any person or group of people based on their race, religion, creed, national origin, sexual orientation, political affiliation, age or gender, sponsorship in ELVIN H.O.M.E. may not be restricted beyond the required sponsorship fees (aka Communication fees) and legal paperwork—with the exception that all persons 17 years and under must have written permission (from a parent or guardian) to join ELVIN H.O.M.E., Inc.
Section 2. Admission of Members (Sponsors)
Applicants shall be admitted to sponsorship under Article IX, Section 1.
Section 3. Membership Fees (Communication Fees)
The Communication Fees payable to the corporation by sponsors shall be as follows:
ELENDIL Communication fees:
1 year: $20
5 years: $75
10 years: $100
Life: $300
Section 4. Number of Members
There is no limit on the number of sponsors the corporation may admit.
Section 5. Membership Book
The corporation shall keep a sponsorship book containing the name and address of each sponsor. Termination of the sponsorship of any sponsor shall be recorded in the book, together with the date of termination of such sponsorship. Such book shall be kept at the corporation's principal office.
Section 6. Nonliability of Members
A sponsor of this corporation is not, as such, personally liable for the debts, liabilities or obligations of the corporation.
Section 7. Nontransferability of Memberships
No sponsor may transfer a sponsorship or any right arising there from. All rights of sponsorship cease upon the sponsor’s death.
Section 8. Termination of Membership
The sponsorship of a sponsor shall terminate upon the occurrence of any of the following events:
1. Upon his or her notice of such termination delivered to a sponsor of The Governing Council of the corporation personally or by mail, such sponsorship to terminate upon the date of delivery of the notice or date of deposit in the mail.
2. If this corporation has provided for the payment of fees (facility use of communication) by sponsors, upon a failure to renew his or her sponsorship by paying fees (facility use or Communication) on or before their due date, such termination to be effective thirty (30) days after a written notification of delinquency is given personally or mailed to such sponsor by the contracted Secretary of the corporation. A sponsor may avoid such termination by paying the amount of delinquent fees within a thirty (30) day period following the sponsor’s receipt of the written notification of delinquency.
3. After providing the sponsor with reasonable written notice and an opportunity to be heard either orally or in writing, upon a determination by The Governing Council that the sponsor has engaged in conduct materially and seriously prejudicial to the interests or purposes of the corporation. Any person expelled from the corporation shall forfeit their right to any refund on paid sponsorship fees (facility use or communication).
4. All sponsorship fees (facility use and/or communication) are non-refundable.
All rights of a sponsor in the corporation shall cease on termination of sponsorship as herein provided.
Section 9. Additional Privileges Granted to Members
a. All ELVIN H.O.M.E. sponsors, as defined in Article IX, Section 1, may camp upon ELVIN H.O.M.E. lands upon the payment of basic facility use fees to be set by The Governing Council.
b. All ELVIN H.O.M.E. members, as defined in Article IX, Section 1, may trade, or sell arts, crafts, or services upon ELVIN H.O.M.E. lands or at ELVIN H.O.M.E. sponsored events without special fees being paid to ELVIN H.O.M.E.(beyond facility use fees)
c. ELVIN H.O.M.E. sponsors may receive waiver of facility use fees, and/or other non-cash compensation for services rendered to ELVIN H.O.M.E. by pre-arrangement with The Governing Council.
d. ELVIN H.O.M.E. sponsors are encouraged to set up temporary areas of sacred space as well as practice their spiritual beliefs whenever they visit, so long as that space does not violate any By-Laws and/or policies contained herein.
e. All ELVIN H.O.M.E. sponsors are personally responsible for their own food, shelter, and cash flow.
f. ELVIN H.O.M.E. sponsors and Guests are encouraged to attend Council meetings as outlined in Article III, Section 7,8, and 10.
ADOPTION OF BYLAWS
We, the undersigned, are all of the initial directors or incorporators of ELVIN H.O.M.E., Inc., and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of 13 preceding pages, as the Bylaws of this corporation.
Dated: __________
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